Brickhouse Mobile Sued by Mainstream Company

DENVER — Adult-themed wireless distributor Brickhouse Mobile has seen considerable success during its first year in business, so much so that mainstream software company Brickhouse Software is suing over trademark infringement.

Representatives at New Jersey-based Brickhouse Software, which has been in business for more than 12 years, said Brickhouse Mobile’s growing success in the porn business could severely tarnish the “goodwill and respect” of their company due to the fact that they share the Brickhouse name.

“People are calling here for them,” said Brickhouse Software President Jon Matcho, whose company branched into automated content applications for wireless customers three years ago. “The first call I got, I actually thought it was a potential prospect.”

Since its launch in February, Brickhouse Mobile has signed deals to work with a plethora of adult content stars, including Tawny Roberts, Sky Lopez, Devon, Jessica Jaymes, Stephanie Swift and Monica Mayhem. The company has also pushed hard in recent months to ramp up its pool of content for numerous WAP sites, signing New Frontier Media, Wicked Pictures, Suze Randall, Falcon Studios, Homegrown Video and Aria Giovanni, to name a few.

Brickhouse Mobile also plans to offer cell phone ring tones that sound like porn stars in the midst of orgasmic pleasure, or “moantones,” something Matcho is none too happy about.

“We've put a lot of money in the brand from day one when we were just a startup,” he said. “There's already been some blurring and confusion [with the name].”

Matcho said he is worried that Brickhouse Software clients, many of whom include “respected, publicly traded companies,” would think the two companies are related.

He also said attempts were made to resolve the issue outside the courts.

“We tried to resolve it amicably, but [Brickhouse Mobile] just simply refused,” Matcho said.

Representatives at Brickhouse Mobile were not available for comment by press time.

To prove their case, Brickhouse Software has to prove what the courts refer to as “likelihood of confusion.” In other words, the use of a trademark in connection with the sale of a good constitutes infringement if it is likely to cause consumer confusion as to where the goods come from.

Copyright expert and attorney Joseph Briggady told XBiz that proving infringement is often difficult.

“In blatant cases it is easy,” Briggady said. “Like if I make a computer and call it ‘Apple’ I’m obviously infringing on the company’s trademark. But if I start a company in a completely different industry, say ‘Apple Records,’ I’m not doing anything wrong.”

The difficulty, Briggady said, comes from all the cases in-between the extremes, which he said the Brickhouse case falls into.

“If they can prove a number of customers confused the two companies, that alone is often enough to win the case,” he said.

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

2025 XBIZ Amsterdam Website Launches With Call for Speakers

XBIZ is pleased to announce that the website for its annual European conference, XBIZ Amsterdam, is now live.

NC Governor Vetoes Bill Targeting Adult Industry, Override Possible

North Carolina Governor Josh Stein today vetoed a bill imposing new regulations that adult industry observers have warned could push adult websites and platforms to ban most adult creators and content.

25,000 Sign Petition to Legalize Pornography in Ukraine

An OnlyFans model’s petition to decriminalize pornography in Ukraine has amassed the 25,000 signatures required for official consideration by President Volodymyr Zelensky.

WannaCollab Joins Pineapple Support as Supporter-Level Sponsor

WannaCollab has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

FSC Unpacks SCOTUS Age Verification Ruling in Webinar

The Free Speech Coalition conducted a public webinar Tuesday to help adult industry stakeholders understand the Supreme Court’s recent decision in FSC v. Paxton, and its potential implications.

UK Lawmaker Calls for Appointment of 'Porn Minister'

Baroness Gabrielle Bertin, the Conservative member of Parliament who recently convened a new anti-pornography task force, is calling for the appointment of a “minister for porn,” according to British news outlet The Guardian.

FSC Toasts Jeffrey Douglas for 30 Years of Service

n the very same evening when the adult industry was hit hard by the Supreme Court ruling supporting Texas’ controversial age verification law, HB 1181, members of the Free Speech Coalition board, staff and supporters gathered to celebrate Jeffrey Douglas’ 30 years as board chair — a fitting reflection of his reputation as an eternal optimist.

TTS Opens UK Testing Location

Talent Testing Service (TTS) has opened a new U.K. location in Ware, Hertfordshire.

FSC: Age-Verification Laws Go Into Effect in South Dakota, Georgia, Wyoming on July 1

The Free Speech Coalition (FSC) has published a statement regarding new age verification laws set to go into effect tomorrow in South Dakota, Georgia, and Wyoming.

FSC Responds to Supreme Court Decision on Texas AV Law

The Free Speech Coalition (FSC) has released a statement responding to last week's Supreme Court decision on FSC v. Paxton, the Texas age verification law.

Show More